David McIntosh

Corporate and Commercial

David McIntosh was admitted as a Solicitor in 1988 and is a highly experienced commercial projects lawyer who has advised clients  in a number of different fields including intellectual property, data privacy, procurement law (both public and private), manufacturing, distribution, information governance, and general regulatory matters covering both the nuclear and pharmaceutical sectors.

David joined Prospect Law in 2021 having worked as a Senior Legal Counsel for the Nuclear Decommissioning Authority (NDA)  where he was the in-house legal member of the Competition Teams which were responsible for all four of the public procurement competitions (amounting to approximately £32 Billion) conducted by NDA to appoint parent body organisations to own the shares in its nuclear Site Licence Companies (SLCs), and to be responsible for the SLCs’ nuclear decommissioning operations. David has a strong understanding of the nuclear regulatory landscape, and the dynamics of government and stakeholder relationships. He has advised on procurement, regulatory, security and nuclear transport matters affecting NDA and its SLCs and subsidiaries. He has contributed to lessons-learned exercises after each of these competitions in order to produce and generate best practice and to learn from what went well, and what didn’t, from a government/Contracting Authority, perspective.  David contributed to the drafting and development of a wide range of NDA’s policies, including several iterations of NDA’s Intellectual Property policy, the IP provisions of NDA’s principal contracts and Guidance for the commercial teams, NDA’s policy on exploiting its IP outside the nuclear estate, and numerous technology and IP licences.

Prior to joining the nuclear sector, David spent around 20 years in the pharmaceutical sector, including 11 years as a Senior Legal Adviser for GlaxoSmithKline plc.  He also worked for the Napp Pharmaceutical Group, Mundipharma Group, Shire Pharmaceuticals Group plc and Eli Lilly and Company and also spent several years providing legal consultancy advice to pharmaceutical and biotechnology companies in the Oxfordshire and Thames Valley region.  During his time in the pharmaceutical sector, David was responsible for drafting contractual arrangements in a diverse range of fields including producing contract-manufacturing templates for use in the UK and globally, IP licensing arrangements and distribution agreements for products in the EU and clinical trial agreements with Clinical Research Organisations.  David developed, drafted and implemented, with a cross-functional team, an innovative pharmaceutical agency distribution scheme, which was the first in the UK to move away from traditional pharmaceutical wholesaling, in order to better understand and acquire data on its 12,000 plus pharmacy customers so that it could more appropriately serve its commercial interests.

David has developed a thorough understanding of evolving UK and EU data privacy legislation over the years from the Data Protection Act 1984 up to the GDPR.  He has a good working knowledge of international data privacy legislation, including the US Health Insurance Portability Accountability Act, the California Consumer Privacy Act and the  California Privacy Rights Act. David contributed to the drafting of the very first “Safe Harbor” agreement (the precursor to the Privacy Shield) between the UK government and the US Department of Commerce for the transfer of personal data outside the UK/EU, and he drafted one of the first self-certification arrangements for a US subsidiary to receive personal data from its UK parent company.  David has recently considered what mitigation measures should be adopted for clients considering whether they should use US-based Cloud Service Providers in the light of recent US legislation and also the recent Schrems II ECJ judgement which has invalidated the Privacy Shield.  He has advised on and drafted Data Sharing Agreements for sharing personal data, and drafted Data Protection Impact Assessments and Subject Access Request arrangements for staff and third parties.  He has also advised pharmaceutical clinical trial teams on their arrangements in relation to the anonymisation or pseudonymisation of patient data, and also the personal data of doctors involved in these trials. Additionally, David has advised healthcare sales and marketing teams in relation to large databases of personal data which are held on prescribing doctors.